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Academic Integrity Appeals

Appeals are not intended to allow for a second review of the facts of the matter and determination of whether the Responding Party is responsible for Academic Misconduct. A review of the matter will be prompt and narrowly tailored to the stated grounds for appeal. In most cases, appeal reviews and considerations are confined to a review of the written record and the submissions in support of or against the appeal. In all matters, deference shall be given to the determinations of the lower board.

The Office of Student Conduct will respond to the appeal within five (5) days.

  1. A Responding Party may appeal the determination of responsibility and the Sanction if:
    1. The Responding Party receives a Sanction of a permanent grade of “XF,” Suspension, Expulsion, or Degree Revocation following a Disciplinary Conference or Disciplinary Conference Board proceeding; or
    2. The Responding Party was found responsible and subject to a Sanction following an Honor Review proceeding.

      The Reporting Party and the Instructor cannot appeal a final determination or sanction.
  2. An appeal must be submitted in writing within five (5) Days from the date of the letter providing the Responding Party notice of the final determination and sanction. At the discretion of the Director of Student Conduct, extensions may be granted with written permission in extenuating circumstances.
  3. If the Responding Party does not submit an appeal, the responsibility determination and Sanctions become final five (5) Days from the date of the Office of Student Conduct’s written notice.
  1. Substantial Procedural Error: Procedural errors or errors in interpretation of University policy that were so substantial as to effectively deny a Responding Party notice or a fair opportunity to be heard. Deviations from procedures that were not so substantial as to deny a Responding Party notice or a fair opportunity to be heard will not be a basis for granting an appeal.
  2. Disproportionate Sanctioning: The Sanction is substantially disproportionate to the offense, which means it is far in excess of what is reasonable given the facts or circumstances of the violation.
  3. Arbitrary and Capricious Decision: An arbitrary and capricious decision is a decision without a rational basis or unsupported by any evidence in the record.
  4. New Evidence: New and significant relevant information has become available which a reasonably diligent person could not have discovered before or during the original proceeding.
    1. When the basis of the appeal is new evidence, the appellate body will determine whether the information is new and was unavailable at the time of the Honor Review, Disciplinary Conference Board, or Disciplinary Conference. If the appellate body determines that the information is not new and was available at the time, the appeal will be denied.
    2. If the information is determined to be new and unavailable at the time of the Honor Review, Disciplinary Conference Board, or Disciplinary Conference, the appellate body will consider whether the new information could have changed the outcome of the original Honor Review, Disciplinary Conference Board, or Disciplinary Conference.
    3. If it is determined that the outcome could have been impacted by the new evidence, the case will be sent back to the original Honor Board or Disciplinary Conference Board, as applicable, for further review.
  5. Unanticipated Disparate Impact of the Sanction: The Sanction has the unanticipated disparate impact on a Responding Party that exceeded the intention of the imposed Sanction.
  1. Appeals will be screened by the Office of Student Conduct, and only appeals that meet a Ground for an Appeal provided in this Code will be forwarded to the appropriate appellate body for review.
  2. The Responding Party will have three (3) Days to correct an appeal submission if they are advised that the initial submission does not state a sufficient Ground for an Appeal.
  1. Appeals of decisions resulting in a permanent grade of “XF,” Suspension, Expulsion, or Degree Revocation will be decided by the University Senate Student Conduct Committee Ad Hoc Board, which is comprised of three members from the Student Conduct Committee, including at least one Student.
  2. Appeals of decisions resulting in sanctions other than a permanent grade of “XF,” Suspension, Expulsion, or Degree Revocation will be decided by the Appellate Board, which is a branch of the University Student Judiciary and is comprised of Students.
  1. Affirm the Decision and the Sanction imposed;
  2. Affirm the Decision and reduce, but not eliminate, the Sanction;
  3. Remand the matter to a new Honor Review, Disciplinary Conference Board, or Disciplinary Conference, as applicable, if there were procedural or interpretation errors;
  4. Remand the matter to the original Honor Review, Disciplinary Conference Board, or Disciplinary Conference, as applicable, in accordance with the procedures outlined under “New Evidence;” or
  5. Dismiss the matter if the Decision is determined to be arbitrary and capricious.
  1. Decisions of the appellate bodies are not subject to further appeal. Decisions altering the responsibility determination of the Honor Review, Disciplinary Conference Board, or Disciplinary Conference or the imposed Sanction will be accompanied by a brief written report explaining the appellate body’s decision.
  2. The Sanction of Suspension or Expulsion requires review and approval by the Dean of Students. The Dean of Students may alter, defer, or withhold a Sanction of Suspension or Expulsion.
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